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PARISH v. PEYTON

No. 11661.

408 F.2d 60 (1969)

William Kenneth PARISH, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 19, 1969.

Attorney(s) appearing for the Case

G. W. Shadoan, Washington, D. C. (Court-appointed counsel), for appellant.

Gerald L. Baliles, Asst. U. S. Atty. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, and Reno S. Harp, III, Asst. Atty. Gen. of Virginia, on brief), for appellee.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

The District Court denied the petition of William Kenneth Parish, a Virginia prisoner, for a writ of habeas corpus, and he appeals. His petition raised a number of contentions including a search and seizure question which the District Court decided against Parish solely on the basis of its conclusion that he lacked standing to raise the point. This court, being of the opinion that the standing question was substantial, ordered oral argument...

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